Filed: Jul. 06, 2016
Latest Update: Jul. 06, 2016
Summary: ORDER Adopting the Report & Recommendation; Dismissing the Action With Prejudice for Failure to State a Claim on Which Relief Can Be Granted; Directing Entry of Separate Terminating & Closing the Case (JS-6) VALERIE BAKER FAIRBANK , Senior District Judge . This is a pro se non-prisoner civil-rights action pursuant to 42 U.S.C. section 1983. Pursuant to her authority under Fed. R. Civ. P. 72(b)(1), title 28 U.S.C. section 636(b)(1)(B), and C.D. Cal. Local Civil Rule 72-3.3, the United
Summary: ORDER Adopting the Report & Recommendation; Dismissing the Action With Prejudice for Failure to State a Claim on Which Relief Can Be Granted; Directing Entry of Separate Terminating & Closing the Case (JS-6) VALERIE BAKER FAIRBANK , Senior District Judge . This is a pro se non-prisoner civil-rights action pursuant to 42 U.S.C. section 1983. Pursuant to her authority under Fed. R. Civ. P. 72(b)(1), title 28 U.S.C. section 636(b)(1)(B), and C.D. Cal. Local Civil Rule 72-3.3, the United ..
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ORDER
Adopting the Report & Recommendation;
Dismissing the Action With Prejudice for Failure to State a Claim on Which Relief Can Be Granted;
Directing Entry of Separate Terminating & Closing the Case (JS-6)
VALERIE BAKER FAIRBANK, Senior District Judge.
This is a pro se non-prisoner civil-rights action pursuant to 42 U.S.C. section 1983. Pursuant to her authority under Fed. R. Civ. P. 72(b)(1), title 28 U.S.C. section 636(b)(1)(B), and C.D. Cal. Local Civil Rule 72-3.3, the United States Magistrate Judge issued a Report and Recommendation ("R&R") on May 13, 2016. See Case Management/Electronic Case Filing System Document ("Doc") Doc 6.
Pursuant to 28 U.S.C. § 636(b)(1), the Court has reviewed the complaint (Doc 1), the Magistrate Judge's May 13, 2016 R&R (Doc 6), plaintiff Haroonian's timely May 25, 2016 objections to the R&R (Doc 7), and the applicable law. "Federal Rule of Civil Procedure 72(b)(2) gave [defendants] a right to respond to the objections, but the time to do so has elapsed and [defendants have] filed neither a response nor a request for an extension of time. Accordingly, the Court proceeds to the merits without waiting further." Ruelas v. Muniz, No. SA CV 14-01761, 2016 WL 540769, *1 (C.D. Cal. Feb. 9, 2016) (Fairbank, J.).
"As required by Fed. R. Civ. P. 72(b)(3), the Court has engaged in de novo review of the portions of the R&R to which [plaintiff] has specifically objected and finds no defect of law, fact, or logic in the . . . R&R." Rael v. Foulk, No. LA CV 14-02987 Doc. 47, 2015 WL 4111295, *1 (C.D. Cal. July 7, 2015) (Fairbank, J.), COA denied, No. LA CV 14-02987 Doc. 53, Appeal No. 15-56205 (9th Cir. Feb. 18, 2016). Accordingly, the Court will accept and implement the Magistrate Judge's findings and recommendations.
ORDER
Plaintiff's objections to the R&R are OVERRULED.
The May 13, 2016 Report and Recommendation is ADOPTED.
The complaint is DISMISSED with prejudice.
The defendants' May 27, 2016 motion to dismiss the complaint [Doc #11] is DENIED without prejudice as moot.
"As required by Fed. R. Civ. P. 58(a), the Court will enter judgment by separate document." Toy v. Soto, 2015 WL 2168744, *1 (C.D. Cal. May 5, 2015) (citing Jayne v. Sherman, 706 F.3d 994, 1009 (9th Cir. 2013)) (n.1 omitted), appeal filed, No. 15-55866 (9th Cir. June 5, 2015).1
The Clerk of Court SHALL TERMINATE and close the case (JS-6).
